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Ahkam: Jurnal Hukum Islam
Published by Universitas Islam Negeri Sayyid Ali Rahmatullah Tulungagung
ISSN : 23031905     EISSN : 25491075     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
AHKAM: Jurnal Hukum Islam adalah jurnal akademik yang diterbitkan oleh Fakultas Syariah dan Ilmu Hukum (FASIH) Institut Agama Islam Negeri (IAIN) Tulungagung. Berisi tulisan yang diangkat dari kajian analitis-kritis di bidang hukum Islam. AHKAM: Jurnal Hukum Islam terbit dua kali dalam setahun pada bulan Juli dan November. Jurnal ini didedikasikan kepada para akademisi, peneliti, dan pemerhati hukum Islam. Artikel yang diterbitkan berupa karya orisinal dan tidak harus sejalan dengan pandangan redaksi.Berisi tulisan yang diangkat dari kajian analitis-kritis di bidang hukum dan mu’amalah. Ahkam: Jurnal Hukum Islam diterbitkan sejak 1 Juli 2013 oleh Fakultas Syariah dan Ilmu Hukum (FASIH) IAIN Tulungagung.
Arjuna Subject : -
Articles 273 Documents
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PERLINDUNGAN HUTAN MELALUI SISTEM VERIFIKASI LEGALITAS KAYU (SVLK) DALAM PRESPEKTIF ISLAM Wattimena, Abd Khair
Ahkam: Jurnal Hukum Islam Vol 6 No 1 (2018)
Publisher : IAIN Tulungagung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21274/ahkam.2018.6.1.156-178

Abstract

ABSTRACTTimber legality assurance system (TLAS) is determined by the Ministry of Forestry to stop illegal logging. TLAS is the government instrument to guarantee that just legal timber/wood which are permitted to be harvested, delivered, manufactured, and sold/ marketed in Indonesia. This system is in line with the forestry law maintenance direction to fight” illegal logging” and “illegal timber trading”. The issue of Indonesian TLAS is the initiative of many components of society since 2001 such as NGO, civil society, traditional right holders, ntrepreneur/privatesector,academist/university, government and all stakeholders who are aware on the forest continuity. TLAS is one effort to prevent the forest destruction. Viewing from the Islamic concept, TLAS is following the Fiqh conception: Daf’ul mafasadah muqoddam ala jalbi al maslahah. To prevent forests from distruction is also prescribed in holy Qur’an, surah Ar Rum ayat 41: “.....have everseen the distruction in land and in the sea because of human hands activities”. In this context, TLAS is one form of good governance forest management and is legal according to positive law and Islamic law. This system must be supported by the society, so that the idea to free from illegal logging and illegal timber can be realized.Keywords: Distruction Forestry, Timber Legality Assurance System, Islam Conseption
PENDISTRIBUSIAN ZAKAT PERDAGANGAN TELUR AYAM PETELUR (Studi Kasus di Desa Punjul Kecamatan Karangrejo Kabupaten Tulungagung) Faidati, Ashima
Ahkam: Jurnal Hukum Islam Vol 6 No 1 (2018)
Publisher : IAIN Tulungagung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21274/ahkam.2018.6.1.179-202

Abstract

ABSTRACTDisclose the reality of the results of research on zalcat trade law and the legal mechanism of zalcat trade on the provisions regarding the implementation of zakat trading egg laying eggs, which are then analyzed using the theories, so get a clear picture of the problem. The results of research that the authors get from the problem of Islamic law on the implementation of zakat egg trading laying hens in the Village Punjul Karangrejo District Tulungagung is the implementation of zakat that is less in accordance with the provisions of Islamic law of zakat issued by egg vendors laying eggs in the Village Punjul has a diversity of forms, they do not understand how the calculation of his wealth is then issued zalcat 2.5% when it reaches nisab and haul and to whom should be distributed (mustahik) that also without involving amil or other zakat body (institution). Spent his zakat on an average with bentes eggs (term brown eggs broken or broken skin) and rarely using money. From the results of the research is expected to the egg layers egg traders in Punjul Village in particular to be more aware of the obligation of zakat that must be issued with 2.5% percentage per year and more understanding about the provisions relating to zakat trade.Keywords: Distribution, Zakat Trade, Egg, Mustahik
KEBIJAKAN MAJLIS TAFSIR AL-QUR’AN (MTA) DALAM PENETAPAN IDUL ADHA Qusthalaani, Imam
Ahkam: Jurnal Hukum Islam Vol 6 No 1 (2018)
Publisher : IAIN Tulungagung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21274/ahkam.2018.6.1.203-226

Abstract

ABSTRACTMajlis Tafsir al-Qur’an (MTA) is one of Islamic organizations established in Indonesia. Although MTA resides in Indonesia, it performs Eid al-Adha by following the determination of Eid al-Adha in Saudi Arabia Kingdom. Muslim scholars agreed that in the implementation of Eid al-Adha in muslim country must be applied in accordance to local mathla’. These scholars opinion is in line with the MUI fatwa about the preliminary decision of Ramadhan, Shawwal and Dzulhijjah number 2, 2004 about the preliminary decision of Ramadhan, Shawwal and Dzulhijjah. MTA performs Eid al-Adha by using the announcement of Wukuf Arafah in Saudi because it has no specific method in determining the beginning of the kamariah month. This MTA’s policy is not proper yet in Indonesia and need to be reviewed because the process of the determination does not apply the science of astronomy. MTA also seems to be inconsistent in determining the beginning of kamariah month due to the following two contradictory methods, namely imkan al-rukyah to establish the beginning of Ramadhan and Shawwal and global rukyah to establish Eid al-Adha.Keywords: Majlis Tafsir al-Qur’an, Eid al-Adha, Annaouncement of Wukuf Arafah in Saudi Arabia Kingdom.
FILOSOFI HUKUM KHILAFAH (Tinjauan Ontologis, Epistemologis dan Aksiologis) A, Asmawi
Ahkam: Jurnal Hukum Islam Vol 6 No 2 (2018)
Publisher : IAIN Tulungagung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21274/ahkam.2018.6.2.215-240

Abstract

The most discussed form of Islamic state system is khilafah. Therefore, this current study discusses the philosophy of khilafah from the perspectives of ontology, epistemology, and axiology. From the perspective of its ontology, it turns out that khilafah is a dynamic terminology in the history of Islamic politic. It can be traced from the history that the Islamic political system changes according to the social condition and the ruling regime. It may be called khilafah, imamah or mulk (kingdom). In other meanings, it can refer to religious theocracy, monarchy-oligarchy, or democracy in the form of nation state. Whatever the name of the Islamic state system is used, all Islamic state must be directed to achieve the maslahah. According to the scholars of the maqashid al-syariah, the maslahah is measured using the five universal standards of principles (kuliyat al-khams). They are ensuring the freedom of religion (hifdz al-din), ensuring the life (hifdz al-nafs), ensuring the creativity and freedom of thinking and speak (hifdz al-‘aql), securing the property (hifdz al-mal), and ensuring the sustainability of offspring and human dignity (hifdz al-nasl wa al-‘irdl).                Keywords: Islamic law Khilafah, Politic, Maslahah
PEER TO PEER LENDING DALAM POJK, PBI DAN FATWA DSN MUI Wulandari, Fajrina Eka
Ahkam: Jurnal Hukum Islam Vol 6 No 2 (2018)
Publisher : IAIN Tulungagung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21274/ahkam.2018.6.2.241-266

Abstract

This article discussed about regulation in peer to peer lending of financial technology (fintech). The method used in this article is library research because the case is the latest case. Regulation about transaction in fintech based on, regulation of OJK, regulation of Indonesian Bank and guidance of MUI. Three regulation give the rule for transaction in financial technology to avoid some loss when doing the transaction with other people.Keywords: Fintech, Regulation of OJK, Regulation of Indonesian Bank, Guidance of MUI
MENGGALI NILAI-NILAI KEBANGSAAN DALAM PANCASILA SEBAGAI GROUNDNORM NEGARA KESATUAN REPUBLIK INDONESIA Mahardika, Ahmad Gelora
Ahkam: Jurnal Hukum Islam Vol 6 No 2 (2018)
Publisher : IAIN Tulungagung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21274/ahkam.2018.6.2.267-292

Abstract

The states value is based on the norm in the state of life. Pancasila (five principles) as the supreme legacy of the founding fathers is a groundnorm which is equal to life, liberty and the pursuit of the happiness which was created by USA founders or liberty, and is equal to egality and fraternity which  was created by France philosophers. But, years after years, regime to regime, Pancasila becomes more difficult to be understood. Even, Pancasila often becomes the tools for the status quo to run his authority. Pancasila as an abstract norm, can only be interpreted by the authority. By watching and observing the office of government, the writer hopes to find the states value hidden in the Pancasila.Keywords: Values, states, Pancasila, authority
MENGKAJI PASAL-PASAL BIAS GENDER UU PERKAWINAN: Tawaran Pencegahan Kekerasan Terhadap Perempuan L, Lufaefi
Ahkam: Jurnal Hukum Islam Vol 6 No 2 (2018)
Publisher : IAIN Tulungagung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21274/ahkam.2018.6.2.293-312

Abstract

Man is created into a man and a woman. Both have equal rights in the perspective of God (Surat AtTaubah [9]: 71-72). But, as a matter of fact women often become marginalized person. One example is as illustrated in the contents of several articles of Indonesian marriage laws which are still gender- biased and discredit women. This applies in the definition of marriage which inferiorly disparages women; women's marriage age should be easier than men; legalized polygamy; the inferior position of the wife in the point of view of the husband and many other problems. This article is trying to see those problems from the perspective of religion, however violating the religious ideals that require justice. Therefore the solution of the problems is sought to fit with the ideals of religion. Through the approach of Islam, the above mentioned examples are contradictory to the teachings of Islam, because it is not in line with the vision of religion as a religion of justice, equality and glorification of women.Keywords: UUP, Gender Bias, Women, Equality
PENANGANAN PERSELISIHAN HASIL PILKADA KOTA SERANG OLEH MAHKAMAH KONSTITUSI Rahmawati, Nurlaili
Ahkam: Jurnal Hukum Islam Vol 6 No 2 (2018)
Publisher : IAIN Tulungagung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21274/ahkam.2018.6.2.313-336

Abstract

The dispute of local election result is related to difference of the way or amount of result in counting vote between local election commission as the institution of administrator’s election and participants of the local election. If only there is participants of local election who are unsatisfied with the result, they can submit the lawsuit to Constitution Court as regulation article 24C UUD 1945. The reason of dispute local election result in  Serang City is due to broken seal of vote voice box, and a lot of cheating done by the couples of candidates but the difference in vote between winners and losers is more than 2%. This research is using case study and descriptive-analysis method. The result is Constitution Court wouldn’t judge the case, if the lawsuit doesn’t comply to formal requisites: first, difference of voting count is not more than 2% of legal vote; second, the lawsuit submitted is not Constitution Court’s authority; third, overdue factor related time of submit lawsuit, as the regulation, should be submitted on 3 (three) days after announcement.Keywords: Local Election Disputes, Constitution Supreme Court
INTEGRASI HUKUM ISLAM DAN ADAT JAWA ATAS HARTA WARIS BAGI ANAK ANGKAT Sakirman, '
Ahkam: Jurnal Hukum Islam Vol 6 No 2 (2018)
Publisher : IAIN Tulungagung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21274/ahkam.2018.6.2.337-362

Abstract

The status of adopted children in Islamic law and Javanese customs is still an interesting phenomenon to be studied in Islamic studies, especially to know the legal consequences of two dimensions, namely Islamic law and Javanese customs. Indeed, children are mandates that can be nurtured both physically and mentally by both parents. A child is worthy of life with all the needs sought by both parents as a form of responsibility. However, these conditions often cannot be felt by some children because one or both of their parents died. On that basis, it can cause a child's life condition no longer like a child in general who still has biological parents. Another problem arises from the possibility that both parents are not economically capable to finance their children's lives. Thus, other children are taken to be adopted by other people. Child adoption ultimately has legal consequences for inheritance. In time the adopted child can be counted as a person who has the right to get the property of the adoptive parent after death and the existence of the adopted child has a position of inheritance. The method in this study uses a review of pure literature using analytical content. The final results of non-final writing indicate that according to Javanese custom, adoption of a child does not break the child's relationship with biological parents and adopted children nor are they biological children of adoptive parents, but adopted children are entitled to inheritance from their parents and also from people adoptive old man. Whereas according to Islamic law, cannot accept the existence of adopted child status over his position of inheritance from adoptive parents.Keywords: Javanese customs, inheritance, adopted children, Islamic law
IMPLEMENTASI PARLIAMENTARY THRESHOLD DALAM PEMILIHAN ANGGOTA DPRD PROVINSI DAN DPRD KABUPATEN/KOTA Fatih, Sholahuddin al
Ahkam: Jurnal Hukum Islam Vol 6 No 2 (2018)
Publisher : IAIN Tulungagung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21274/ahkam.2018.6.2.363-388

Abstract

Indonesia has held election since 1955. In several periods of election, there were changes of regulation. One of them is about Parliamentary Threshold. As known, Parliamentary Threshold has been applied in Indonesia in elections period of 2009 by 2.5%. In the 2014 elections, parliamentary threshold changed into 3.5% and did not apply nationally. In accordance to the mandate of the Constitutional Court Decision Number 52/PUU-X/2012, the parliamentary threshold applies only to count the number of a legitimate votes political party in the House of Representative (DPR). In election period of 2019, Parliamentary Threshold was increased to 4% and applies only to count the number of a legitimate votes political party in the House of Representative (DPR).Thus, at the level for Local House of Representative of Provincial DPRD and Regency/City DPRD shall not apply the provisions of the Parliamentary Threshold. This situation led to many political parties to parliament, which can be ineffectiveness of local government performance. Therefore, it is necessary to simulate Parliamentary Threshold to apply equitable parliamentary elections in Provincial DPRD and Regency/City DPRD and also the fair percentage of Parliamentary Threshold to create effective governance performance and simple multi-party system in region.Keywords: Implementation, Parliamentary Threshold, Election for Members of Provincial DPRD and Regency/City DPRD

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